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Cutting-Edge Commercial Law/Regulatory Issues in Health Care Insolvencies


Level: Advanced
Runtime: 56 minutes
Recorded Date: April 13, 2021
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Agenda

  • Setoff, Recoupment, and Related Issues
  • Maintenance & Disposal of Records (Electronic and Physical)
  • Concerns Specific to Non-Profit Debtors

Runtime: 56 minutes
Recorded: April 13, 2021

Description

This panel will address issues that have recently arisen at the intersection of health care and commercial/regulatory law, including regulation and ownership of cloud-based/electronic records, state regulation of nonprofit debtors, and recent developments in Medicare/Medicaid recoupment rights.

This program was recorded as part of the American Bankruptcy Institute's 2021 Virtual American Spring Meeting held on April 13th, 2021.

Provided By

American Bankruptcy Institute

Panelists

Meredith R. Theisen

Partner
Rubin & Levin

Meredith R. Theisen is a partner with Rubin & Levin in Indianapolis, where she concentrates her practice in the areas of bankruptcy, bankruptcy litigation, debtors’ and creditors’ rights, business representation, secured transactions, real estate sales, state court receiverships, commercial litigation, and bankruptcy trustee and state court receiver representation. Her bankruptcy practice includes representing individuals, businesses, debtors and creditors in chapter 7, 11, 12 and 13 bankruptcy cases, out-of-court debt restructurings, receivership actions and litigation matters.

Ms. Theisen has served as counsel to individuals and businesses reorganizing in chapter 11 cases or liquidating in complex chapter 7 cases. She also has extensive experience representing bankruptcy trustees in both chapter 7 and 11 cases. Throughout her practice, Ms. Theisen has developed expertise in asset-protection, business liquidation and wind-downs, property acquisition through ? 363 sales, lease assignments through the ? 365 assumption-an- assignment process, and defending preference/fraudulent conveyance actions and non-dischargeability actions. Much of her representation includes providing proactive counsel to businesses as she helps identify and minimize potential issues that could negatively impact operations. She also helps new business owners form business entities, choose the best entity type based on their needs, and assist with start-up compliance issues so that new ventures will be on a firm legal ground for success.

Ms. Theisen was named an “Indiana Rising Star” in 2021 and is an active member of the Indianapolis Bar Association, for which she currently chairs the Executive Committee of its Commercial & Bankruptcy Law Section. She is also an active member of the Indiana State Bar, for which she currently serves as a councilmember for its Bankruptcy & Creditors’ Rights Section.

Ms. Theisen received her B.S. in consumer science from the University of Wisconsin at Madison in 2006 and her J.D. cum laude from the Thomas M. Cooley School of Law in 2009, where she served as associate editor of the Thomas M. Cooley Law Review and was a graduate/research assistant.

Daniel Waxman

Senior Vice President & General Counsel
KEWA Financial, Inc.

Daniel Waxman is senior vice president and general counsel at KEWA Financial Inc. in Lexington, Ky., a financial services company in the specialty surety bonding market.

Prior to joining KEWA, he spent 12 years as a partner at mid-size regional law firm, where he primarily represented debtors, secured creditors and other parties-in-interest in chapter 11 bankruptcy cases. Mr. Waxman continues to represent KEWA and its subsidiaries in restructuring matters, with a focus on the energy sector. He has been named a Kentucky Super Lawyer in bankruptcy each year since 2013 and co-chairs ABI’s Health Care Committee. Mr. Waxman is a regular presenter at restructuring and/or energy conferences and is the author of numerous articles on restructuring topics.

A native of Hamilton, Ont., he received his B.A. in political science and government from McMaster University in 2004 and his J.D. magna cum laude from the University of Kentucky College of Law in 2008, where he was admitted to the Order of the Coif.

Andrew H. Sherman

Member
Sills Cummis & Gross P.C.

Andrew H. Sherman is a member of Sills Cummis & Gross P.C. in Newark, N.J., and chairs its Creditors’ Rights/Bankruptcy Reorganization practice group. He has represented clients in a broad range of complex business reorganizations, debt restructurings and insolvency matters throughout the country. In addition to advising companies experiencing financial difficulties, Mr. Sherman routinely represents lenders and other parties in financings and acquisitions involving troubled companies. He has focused his practice on representing investment management firms in debt-restructuring matters, commercial workouts and chapter 11 cases in such cases as Motor Coach Industries Int’l Inc. and Marcal Paper Mills Inc. He has also represented unsecured creditors’ committees in 15 recent hospital bankruptcy cases, and has represented parties in significant commercial litigation in the New York and New Jersey federal and state courts.

Previously, Mr. Sherman was associated with Parker Chapin Flattau & Klimpl, LLP in New York City. He is a member of the American, New York and Essex County Bar Associations, ABI and the Turnaround Management Association, and he is a former master of the Bankruptcy Inn of Court. He is admitted to practice in New York and New Jersey, before the U.S. District Courts for the District of New Jersey and the Southern, Northern and Eastern Districts of New York, and before the U.S. Third Circuit Court of Appeals and the U.S. Supreme Court.

Mr. Sherman received his A.B. from Cornell University in 1988 and his J.D. from Cardozo School of Law in 1991.

Tania M. Moyron

Partner
Dentons

Tania M. Moyron is a partner in Dentons' Restructuring, Insolvency and Bankruptcy group. Tania has significant experience in bankruptcy, corporate restructuring and related litigation matters. She has represented Chapter 11 debtors, creditors’ and equity committees, liquidating trustees, principals and secured and unsecured creditors in all aspects of corporate bankruptcy. She also has advised buyers and sellers of assets in bankruptcy and receivership cases, including representation of a publicly traded real estate investment trust (REIT) and restaurant franchise.

Tania's representations span a variety of industries, including health care, retail, entertainment, trucking, commercial and residential real estate and restaurant franchise industries. She also has litigation experience in state and federal courts and appellate experience before the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals, District Courts and the Ninth Circuit Court of Appeals.

Prior to joining Dentons, Tania gained experience in complex and challenging Chapter 11 cases at top-ranked national firms for business restructuring and bankruptcy. Tania also served as a judicial and appellate law clerk to the Honorable Christopher M. Klein, Chief Judge for the United States Bankruptcy Court for the Eastern District of California and former member of the Bankruptcy Appellate Panel of the Ninth Circuit Court of Appeals.


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